Submission of dispute between school district and employee organization to arbitrator when agreement is expired or soon to expire; selection of arbitrator; hearing; determination of financial ability of school district; negotiations and final offer; effect of decision of arbitrator; content of decision.
Nev. Rev. Stat. § 288.218
in effect1. Except as otherwise provided in subsection 3, if a collective bargaining agreement between a school district and an employee organization representing teachers is scheduled to expire within 75 days before the first day of instruction of a school year and the parties have not agreed to a successor agreement 75 days before the first day of instruction of the school year, the parties may, at any time on or after the date that is 75 days before the first day of instruction of the school year and on or before the date that is 30 days before the first day of instruction of the school year, mutually agree to submit the issues remaining in dispute to an arbitrator to arbitrate the dispute in accordance with the provisions of this section.
2. Except as otherwise provided in subsection 3, if a collective bargaining agreement between a school district and an employee organization representing teachers has expired and the parties have not agreed to a successor agreement, the parties may, at any time after the expiration of the agreement, mutually agree to submit the issues remaining in dispute to an arbitrator to arbitrate the dispute in accordance with the provisions of this section.
3. Not less than 180 days before the expiration of a collective bargaining agreement between a school district and an employee organization representing teachers or, for such a collective bargaining agreement that is of the type described in subsection 1, not less than 180 days before the first day of instruction of the school year, the parties shall assemble a list of not more than five potential arbitrators who agree to make themselves available to conduct arbitration proceedings in accordance with the provisions of this section. The number of potential arbitrators on the list and the selection of each potential arbitrator on the list must be mutually agreed to by the parties. If the parties fail to assemble a list of potential arbitrators pursuant to this subsection, the parties may not utilize the procedures set forth in this section.
4. During any period specified in subsection 1 or 2, either party to the collective bargaining agreement may submit to the other party a request to agree to submit the issues remaining in dispute to an arbitrator to arbitrate the dispute in accordance with the provisions of this section. The other party shall, within 3 business days after receipt of the request, respond to the party and either approve or deny the request.
5. If the request submitted pursuant to subsection 4 is approved, the parties shall, within 2 days after the approval is granted, select their arbitrator from the list assembled pursuant to subsection 3. If there is more than one potential arbitrator on the list, the parties shall alternately strike one name until the name of only one arbitrator remains, who will be the arbitrator to arbitrate the dispute. The employee organization shall strike the first name. The arbitrator has the powers provided for fact finders in NRS 288.210 .
6. After the arbitrator is selected pursuant to subsection 5, the arbitrator shall hold a hearing to receive information regarding the dispute. The arbitrator shall, within 5 days after being selected, establish a date and time to hold the hearing and provide notice of the date and time to the parties. The date and time must be established with due regard to the expedited nature of the proceedings and the requirements for the issuance of a decision pursuant to subsection 12.
7. The parties to the dispute shall each pay one-half of the costs of the arbitration.
8. A determination of the financial ability of a school district must be based on:
(a) All existing available revenues as established by the school district, including, without limitation, any money appropriated by the State to carry out increases in salaries or benefits for the employees of the school district, and with the limitations set forth in NRS 354.6241 , with due regard for the obligation of the school district to provide an education to the children residing within the district.
(b) Consideration of funding for the current year being negotiated. If the parties mutually agree to arbitrate a multi-year contract, the arbitrator must consider the ability to pay over the life of the contract being negotiated or arbitrated.
Ê Once the arbitrator has determined in accordance with this subsection that there is a current financial ability to grant monetary benefits, the arbitrator shall consider, to the extent appropriate, compensation of other governmental employees, both in and out of this State.
9. At the recommendation of the arbitrator, the parties may, before the submission of a final offer, enter into negotiations. If the negotiations are begun, the arbitrator may adjourn the hearing for a period of 7 days. If an agreement is reached, it must be submitted to the arbitrator, who shall certify it as final and binding.
10. If the parties do not enter negotiations or do not agree within 7 days after the hearing held pursuant to subsection 6, each of the parties shall submit a single written statement containing its final offer for each of the unresolved issues.
11. The arbitrator shall render a decision on the basis of the criteria set forth in NRS 288.200 . The arbitrator shall accept one of the written statements and shall report the decision to the parties. The decision of the arbitrator is final and binding on the parties. Any award of the arbitrator is retroactive to the expiration date of the last contract between the parties.
12. The decision of the arbitrator must be rendered not later than the earlier of 7 days after the final offers are submitted pursuant to subsection 10 or:
(a) For a dispute submitted pursuant to subsection 1, the first day of instruction of the school year.
(b) For a dispute submitted pursuant to subsection 2, 60 days after approval of the request submitted pursuant to subsection 4 is granted.
13. The decision of the arbitrator must include a statement:
(a) Giving the arbitrators reason for accepting the final offer that is the basis of the arbitrators award; and
(b) Specifying the arbitrators estimate of the total cost of the award.
14. Within 30 days after the receipt of the decision from the arbitrator, the board of trustees of the school district shall hold a public meeting in accordance with the provisions of chapter 241 of NRS. The meeting must include a discussion of:
(a) The issues submitted pursuant to subsection 1 or 2, as applicable;
(b) The statement of the arbitrator included in the decision of the arbitrator pursuant to subsection 13; and
(c) The overall fiscal impact of the decision, which must not include a discussion of the details of the decision.
Ê The arbitrator must not be asked to discuss the decision during the meeting.
15. The superintendent of the school district shall report to the board of trustees the fiscal impact of the decision. The report must include, without limitation, an analysis of the impact of the decision on compensation and reimbursement, funding, benefits, hours, working conditions or other terms and conditions of employment.
16. As used in this section, school year has the meaning ascribed to it in NRS 388.080 .
Source: NV Statutes (Official Site)URL: https://www.leg.state.nv.us/nrs/NRS-288.htmlFetched: 10/4/2026